Dawson v. Garland
Supreme Court of Georgia
Mortgage. Amendment. Practice in Superior Court. Judge Stewart. Upson Superior Court. July Term, 1882. Garland foreclosed a chattel mortgage against Dawson. A fi.fa. was issued by the clerk of the superior court, and levied on the property. Dawson filed a counter-affidavit, alleging that he had not had his day in court, and pleading failure of consideration. When the case was called for trial, plaintiff tendered in evidence the affidavit foreclosing the mortgage.
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Mortgage. Amendment. Practice in Superior Court. Judge Stewart. Upson Superior Court. July Term, 1882. Garland foreclosed a chattel mortgage against Dawson. A fi.fa. was issued by the clerk of the superior court, and levied on the property. Dawson filed a counter-affidavit, alleging that he had not had his day in court, and pleading failure of consideration. When the case was called for trial, plaintiff tendered in evidence the affidavit foreclosing the mortgage. Defendant objected to it on the ground that it contained, in addition to the usual oath to foreclose a chattel mortgage, a…
1Opinion of the Court
Jackson, Chief Justice.
This case arose on the levy of a mortgage fi. fa., under sections 3971-2 of the Code, and a defence thereto, under section 3975. The errors alleged are that the court erred in allowing the plaintiff to amend the judgment and fi.fa. by striking out the sum of $45.10 for attorney’s fees, and in not dismissing the levy when this amendment was allowed, but after verdict of a jury, ordering the execution to ju'oceed for the principal and interest, without the attorneys’ fees.
1. We see no error in allowing'the amendment. It was the first trial of the foreclosure of the…
2Cited by4 opinions
- Bank of Forsyth v. GammageSupreme Court of Georgia · 1899
- Walker v. Small Equipment Co.Court of Appeals of Georgia · 1966
- Bryant v. MercierSupreme Court of Georgia · 1889
- Hart v. Hatcher & BrannonSupreme Court of Georgia · 1883